Sec. 211. Trespass Cannabis Cultivation Site Response Initiatives
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In this section: The term covered response action means any activity to remove or remediate a release or threat of release to the environment, resulting from the cultivation of cannabis by a trespasser, of hazardous substances, pollutants, contaminants, improper pesticides, or refuse, including detection, identification, assessment, monitoring, and cleanup activities. The term improper pesticide means a pesticide that is— at the time of application, cancelled by the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ); improperly applied; or intentionally misused.
The term improperly apply means to use any registered pesticide in a manner— inconsistent with its labeling (as that term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 )); or that poses a risk to environmental or human health. The term Indian Tribe has the meaning given the term Indian tribe in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). The term intentionally misused means, with respect to a pesticide, the storage or application of a pesticide on a cultivation site on Federal land which poses an indirect or direct risk to wildlife, fish, or pollinators.
The term nonprofit conservation organization means an organization— that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and the primary purpose of which is conservation of natural resources. The term owner of adjacent property means the owner of property that is adjacent to land— that is under the jurisdiction of a Secretary concerned; and on which a covered response action is carried out under this section.
The terms Trespass Cannabis Cultivation Site Response Initiative and initiative mean an initiative carried out under subsection (b). The Secretary of Agriculture and the Secretary of the Interior shall each carry out an initiative of environmental response to contamination resulting from the cultivation of cannabis by trespassers on land under the jurisdiction of the applicable Secretary, each of which shall be known as a Trespass Cannabis Cultivation Site Response Initiative.
The Secretary of Agriculture and the Secretary of the Interior shall identify a branch within the Forest Service and the Department of the Interior, respectively, which shall have the experience, expertise, and responsibility for carrying out the applicable initiative successfully. The goals of each initiative shall include the detection, identification, assessment, investigation, monitoring, and development of solutions to, and response to, contamination resulting from the cultivation of cannabis by trespassers on land under the jurisdiction of the Secretary concerned.
Except with respect to a covered response action that is required to be taken by a potentially responsible party pursuant to an agreement under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9622 ), the Secretary concerned shall carry out all necessary covered response actions on land under the jurisdiction of the Secretary concerned. Fees and charges imposed by a State on the disposal of hazardous substances, pollutants, contaminants, improper pesticides, or refuse resulting from the cultivation of cannabis shall apply to covered response actions carried out under this section.
The Secretary concerned may enter into agreements on a reimbursable or other basis with any other Federal agency, any State or local government agency, any Indian Tribe, any owner of adjacent property, or any nonprofit conservation organization to obtain the services of the agency, Indian Tribe, owner, or organization to assist the Secretary concerned in carrying out the applicable initiative, including carrying out covered response actions under this section. Agreements under paragraph
(1)may require approval and adherence to safety, data collection, monitoring, assessment, and reporting parameters set forth by the Secretary concerned. An agreement under paragraph
(1)may be for a period that begins in one fiscal year and ends in another fiscal year so long as the period of the agreement does not exceed three fiscal years. An agreement under paragraph
(1)may not— provide for reimbursement for regulatory enforcement activities; or with respect to a site— change the cleanup standards selected for the site pursuant to law; or establish a cleanup level inconsistent with the future intended land use as determined by the Secretary concerned. Any surety which provides a bid, performance, or payment bond in connection with any direct Federal procurement for a contract under this section to carry out a covered response action and begins activities to meet its obligations under such bond, shall, in connection with such activities or obligations, be entitled to any indemnification and the same standard of liability to which its principal was entitled under the contract or under any applicable law or regulation. If under sections 3131 and 3133 of title 40, United States Code, surety bonds are required for any direct Federal procurement of any contract under this section to carry out a covered response action and are not waived pursuant to section 3134 of title 40, the surety bonds shall be issued in accordance with such sections 3131 and 3133. If, under applicable Federal law, surety bonds are required for any direct Federal procurement of any contract under this section to carry out a covered response action, no right of action shall accrue on the performance bond issued on such contract to or for the use of any person other than an obligee named in the bond. If, under applicable Federal law, surety bonds are required for any direct Federal procurement of any contract under this section to carry out a covered response action, unless otherwise provided for by the Secretary concerned in the bond, in the event of a default, the surety’s liability on a performance bond shall be only for the cost of completion of the contract work in accordance with the plans and specifications of the contract less the balance of funds remaining to be paid under the contract, up to the penal sum of the bond. The surety shall in no event be liable on bonds to indemnify or compensate the obligee for loss or liability arising from personal injury or property damage whether or not caused by a breach of the bonded contract. Nothing in this paragraph shall be construed as— preempting, limiting, superseding, affecting, applying to, or modifying any State laws, regulations, requirements, rules, practices, or procedures; or affecting, applying to, modifying, limiting, superseding, or preempting any rights, authorities, liabilities, demands, actions, causes of action, losses, judgments, claims, statutes of limitation, or obligations under Federal or State law, which do not arise on or under the bond. Subparagraphs
(A)and
(B)shall not apply to bonds executed before December 5, 1991. Subparagraphs
(A)and
(B)shall not apply to bonds required with respect to response action contracts under section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9619 ). There is hereby established in the Treasury of the United States an account to be known as the Trespass Cannabis Cultivation Site Response Account, Agriculture which shall consist of, with respect to land under the jurisdiction of the Forest Service— amounts appropriated in advance with respect to such land under subsection (i); amounts recovered from a trespasser for the costs of covered response actions on such land related to the cultivation of cannabis on such land by the trespasser; and any other amounts recovered from a contractor, insurer, surety, or other person to reimburse the Department of Agriculture for the costs of covered response actions on such land related to the cultivation of cannabis on such land by a trespasser. Funds authorized for deposit in an account under subparagraph (A)— may be obligated or expended from the account only to carry out the applicable initiative, including to carry out covered response actions; and shall remain available until expended. None of the funds appropriated to the Trespass Cannabis Cultivation Site Response Account, Agriculture may be used for the payment of a fine or penalty (including any supplemental environmental project carried out as part of such penalty) imposed against the Department of Agriculture unless the act or omission for which the fine or penalty is imposed arises out of an activity funded by the Trespass Cannabis Cultivation Site Response Account, Agriculture and the payment of the fine or penalty has been specifically authorized by law. There is hereby established in the Treasury of the United States an account to be known as the Trespass Cannabis Cultivation Site Response Account, Interior which shall consist of, with respect to land under the jurisdiction of the Department of the Interior— amounts appropriated in advance with respect to such land under subsection (i); amounts recovered from a trespasser for the costs of covered response actions on such land related to the cultivation of cannabis on such land by the trespasser; and any other amounts recovered from a contractor, insurer, surety, or other person to reimburse the Department of the Interior for the costs of covered response actions on such land related to the cultivation of cannabis on such land by a trespasser. Funds authorized for deposit in an account under subparagraph (A)— may be obligated or expended from the account only to carry out the applicable initiative, including to carry out covered response actions; and shall remain available until expended. None of the funds appropriated to the Trespass Cannabis Cultivation Site Response Account, Interior may be used for the payment of a fine or penalty (including any supplemental environmental project carried out as part of such penalty) imposed against the Department of the Interior unless the act or omission for which the fine or penalty is imposed arises out of an activity funded by the Trespass Cannabis Cultivation Site Response Account, Interior and the payment of the fine or penalty has been specifically authorized by law. In proposing the budget for any fiscal year pursuant to section 1105 of title 31, United States Code, the President shall set forth separately the amounts requested for each initiative. Nothing in this section affects— the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) to any activity that is a covered response action; or any obligation or responsibility of any person or entity under such Act. To carry out this section, there is authorized to be appropriated $16,037,000 for each of fiscal years 2026 through 2032.
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Sec. 211
Trespass Cannabis Cultivation Site Response Initiatives
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